Anaheim Wrongful Death Lawyers
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Our Wrongful Death Lawyers In Anaheim Are Dedicated To Finding A Solution For You And Your Family
If your loved one died in an otherwise preventable accident, you might be eligible to get compensated through a wrongful death claim. Call the compassionate Anaheim wrongful death lawyers at Arash Law at (888) 488-1391 for a free and confidential consultation.
With more than 300,000 residents, Anaheim is the most populous city in Orange County and the tenth in the state. It hosts an influx of tourists every day who come to visit its picturesque streets and popular attractions like the Disneyland Resort and Anaheim Convention Center. When you’re enjoying the city with your loved ones, the last thing you want is to get involved in an accident that could drastically alter your life.
The team of lawyers at Arash Law, spearheaded by Arash Khorsandi, Esq., works hard and has won numerous cases with successful results over the years. We offer compassionate legal representation and free wrongful death case evaluations. Contact our personal injury law firm now by completing our “Do I Have a Case?” form to get unparalleled assistance. Also, check out our “Frequently Asked Legal Questions” page for more information.
Settlement in a Wrongful Death Motor Vehicle Accident – largest Wrongful Death Settlement in Monterey County in 2020 – Top 20 Wrongful Death Settlement in California for 2020;
– JUDD ROSS ALLEN
Let Our Anaheim Wrongful Death Attorneys Get You The Compensation You Deserve
Having to go through the legal process on top of grieving is difficult enough for a wrongful death claimant. That’s why hiring an experienced and knowledgeable personal injury lawyer specializing in such cases is essential for obtaining the maximum insurance payout.
Hiring our wrongful death lawyers in Anaheim guarantees you have someone who will fight tirelessly on your behalf. We’ll ensure you receive full compensation for your damages, including funeral expenses and hospital bills, as well as the pain and suffering of losing a loved one. The sense of closure families experience after going through such a traumatizing experience means a great deal to us.
It is always hard to hear the news of a loved one passing away. But it’s even worse if it’s unexpected and caused by negligence, such as reckless driving, unsafe workplaces, defective products, or landowner negligence. We have helped bring the at-fault parties to justice by recovering over $500 Million in settlements and awards for our clients. Let us help bring peace back into your life by fighting hard for your just compensation.
What Is A Wrongful Death?
A “wrongful death” occurs when someone dies because of the negligence of another person or company. In California, wrongful death victims can be anyone regardless of their age, gender, socioeconomic status, nationality, or citizenship. Human life, in principle, deserves protection under the law, which is why all cases are treated equally.
It is crucial to keep in mind that wrongful death lawsuits are not murder or homicide trials. In fact, it’s not a criminal case at all. Instead, it’s a claim filed in state civil courts. Rather than punishing a defendant criminally, it seeks to hold them civilly responsible for the death of a person.
Filing a wrongful death claim in Anaheim could reimburse your family for economic damages and related losses. These include burial and funeral expenses. Once you can prove intent, you and your family may be able to pursue a civil wrongful death claim concurrently with a criminal trial. Contact our wrongful death attorneys in Anaheim so we can properly advise you on how to move forward with your case.
How Is A Wrongful Death Case Different From A Personal Injury Claim?
An essential difference between wrongful death and personal injury claims is that the victims themselves can no longer seek justice. The primary goal of wrongful death lawsuits is to obtain compensation for the victim’s family or estate, including compensation for lost wages, funeral expenses, and emotional trauma. For a claim to succeed, it must be shown that another person’s or entity’s negligence directly caused the death.
In contrast, a personal injury lawsuit involves a living victim who has been injured physically or emotionally by somebody else’s carelessness. Victims file an insurance claim or lawsuit to seek compensation for injuries, medical expenses, lost wages, and pain and suffering, among other things. For example, a negligent driver was drunk driving and caused a car collision. The injured party could file a personal injury lawsuit against that driver.
Our Anaheim wrongful death lawyers can represent victims and help them recover maximum compensation in both types of claims. Use our contact form today to reach out and have your case evaluated in a free case review.
What Cases Can I Sue For A Wrongful Death In Anaheim?
Our wrongful death lawyers in Anaheim can help you seek compensation if your loved one died in the following scenarios:
- Car accidents – Traffic collisions occur due to speeding, distracted driving, or DUIs. These may involve single or multiple vehicles.
- Truck accidents – Accidents involving commercial trucks are among the most serious and deadly. Several factors can complicate truck claims, including multiple parties, such as the trucking company itself, that may be involved.
- Motorcycle accidents – Crashes involving motorcycles are commonly reported in Anaheim and other cities in the Golden State.
- Slip-and-fall accidents – Injuries from slipping and falling can occur in commercial establishments, such as shopping centers, restaurants, or grocery stores. Falls are also common in workplaces.
- Workplace accidents – Any industry can experience accidents that result in deaths and financial losses. Under California law, employees can seek financial recovery through worker’s compensation claims.
- Construction accidents – Construction workers have a variety of essential tasks that can involve anything from a private home job to a high-rise tower. Unfortunately, their job duties place them at significant risk of injury. Even just being on a construction site can carry a significant risk of death.
- Product liability – Manufacturing companies can face strict liability for a defective product, regardless of their intent.
- Other accidents resulting in catastrophic injuries – Accidents can be so devastating that victims succumb to their injuries, regrettably. Aside from the pain of losing a loved one, families are also left with mounting bills.
What Is The Process Of Filing A Wrongful Death Claim In Anaheim?
You must understand the process of filing a wrongful death claim before embarking on this journey. The most important step you’ll ever take is choosing an attorney who will represent your interests. Our Anaheim lawyers specializing in wrongful death cases understand the pain you’re going through. We will be with you in every step of this process.
In California, a victim’s right to sue and demand financial compensation doesn’t disappear just because they died. According to the state’s wrongful death law, the right to sue passes on to the surviving spouse, child(ren), parent(s), and other dependents. Anaheim also follows the same rule.
The next step is to gather all necessary documentation and evidence. Medical records, police reports, witness statements, and other relevant information can help establish the cause of your loved one’s death.
Once you have compiled all these crucial documents, we will evaluate your case to determine if we can proceed with the claim. If your case is valid, we will file a complaint against the responsible party or parties on your behalf. As the case progresses, both sides will exchange information and evidence. Negotiation with the defendants to reach a settlement agreement will also happen at the same time.
The case may proceed to trial if the negotiations do not push through. Litigation arguments will be heard either by a judge or jury. Rest assured, we will represent you in court and protect your rights. You can achieve a just resolution for your loved one’s untimely passing by hiring the experienced wrongful death attorneys that Anaheim trusts throughout the challenging process.
What Damages Can I Recover In A Wrongful Death Case?
The members of the surviving family can be awarded damages as compensation for the loss of their loved one. According to the California Civil Jury Instructions (CACI) No. 3921, there are two kinds of damages you can receive for the untimely death of a family member. Our Anaheim attorneys for wrongful death cases can recover the following damages for you.
Economic Damages
The first type is tangible losses that can be measured easily through bills, receipts, and invoices, among others. These economic damages include the following:
- Financial support – This covers the money the deceased victim would have provided to their family if their lives hadn’t been cut short.
- Gifts/Benefits – This covers the expected gifts/benefits you would have received from the deceased victim.
- Hospital, funeral, and burial costs – All the expenses related to the hospitalization of the victim before their death, if any, can also be compensated.
- Household services – These damages cover the value of household services the deceased would have given.
Non-Economic Damages
The second type is losses that are harder to calculate due to their subjective nature. Known as non-economic damages, these intangible losses include the following:
- Consortium – This covers the loss of sexual relations between the spouse and the deceased.
- Love – The loss of companionship, care, love, comfort, protection, assistance, affection, society, and moral support the family members would have received from the deceased victim.
- Guidance – The loss of the deceased victim’s guidance and training.
You can get an estimate of how much you may claim. Our wrongful death attorneys in Anaheim can quantify and calculate your case, maximizing your potential compensation by negotiating hard with the insurance company.
Does v. California Farm (confidential) –settlement for a group of farmworkers who were killed when the car they were transported in to work flipped over in Merced County.– BENNY KHORSANDI
How Do The Courts Determine The Damages?
The following factors may be taken into account by an insurance claim adjuster or a jury and judge when determining the value of the damages:
The Surviving Family’s Intention
In a wrongful death claim, the surviving family refers to both the person who filed the claim and the family who will receive it. Insurance claim adjusters, juries, and judges consider the character and motive of the people receiving insurance claim money in a court of law.
Whether The Deceased Is Partially At Fault
Insurance claim adjusters, juries, and judges may also consider the actions of the deceased. California is ruled by comparative negligence law, where the percentage of fault of parties in an accident is determined. If the deceased has some level of fault in the accident leading to their death, the award will be reduced accordingly.
The Insurance Available To Cover The Claim
Wrongful death lawsuits depend heavily on the available insurance coverage when determining the amount to be awarded. When your wrongful death claim exceeds the available insurance, the remaining balance must be paid personally by the responsible party.
The Parties At Fault For The Wrongful Death
Is the offender a “good person” who unintentionally contributed to the accident, or are they intentionally reckless? Defendants who are intentionally reckless may also have to pay punitive damages. These are forms of punishment that do not compensate the victim but instead deter others from such actions.
The Legal Representative’s Reputation
Your attorney’s reputation can significantly affect the outcome of your lawsuit. It can be detrimental to your cause if your attorney has a negative reputation. They may be known for representing clients in the name of greed without consideration for the deceased.
Our Anaheim wrongful death attorneys have a solid reputation for advocating for our clients. Arash Law guarantees fair treatment and compassion to every client we represent.
What Is The Statute Of Limitations For Wrongful Death Claims In Anaheim, CA?
The statute of limitations governs how long you must file a lawsuit and claim damages from the at-fault party’s insurance provider. In California, the limit is two years from the date of the injury. As part of the Golden State, Anaheim follows the same deadline.
However, some exceptions do exist for public entities, minors, and medical malpractice cases. This is why it is crucial to consult our wrongful death lawyers in Anaheim, CA.
Such exceptions are:
- Children who lose a parent due to another party’s negligence have two years from the date of their 18th birthday to file a wrongful death lawsuit.
- The Government Tort Claim Act states the affected party has six months from the victim’s passing to file a wrongful death claim against a public entity. The accused entity will then have 45 days to approve or reject the claim. However, it is almost certain that it will be denied. The affected party will now have six months from the date the claim is denied to file a lawsuit.
Who Can File A Wrongful Death Suit In Anaheim?
Families of deceased victims, including spouses, children, parents, and siblings, can bring wrongful death cases to court. It is also possible for the estate of the deceased victim to file on their behalf. This is true regardless of whether or not they are directly related to the victim.
We're Here For You. Call Our Wrongful Death Lawyers in Anaheim Today!
The thought of taking on companies and parties more powerful than you after experiencing the tragic death of a family member can be intimidating. But you don’t have to face them head-on alone. The award-winning wrongful death lawyers Anaheim offers are here to fight for you. Together, we will do everything we can to get you the money you deserve.
We’ve recovered over $500 Million in compensation for our clients. We’re ready to help you get top results, too. Call us today at (888) 488-1391 to schedule a free initial consultation.
Our Anaheim law firm also caters to wrongful death victims in Santa Ana, Orange, Huntington Beach, Newport Beach, Irvine, Costa Mesa, Mira Loma, Long Beach, Torrance, Riverside, Lakewood, Cerritos, La Habra, Chino Hills, Los Serranos, Buena Park, Cypress, Fullerton, and Huntington Park.